' AKHTAR HASSAN (CHAIRMAN).---The appellant, Muhammad Siddique Qureshi was given current charge of the post as Statistician (BS-18) with effect from 19-3-1987 (Annexure 'A') and he assumed duty as such on 26-3-1987. It was further extended to 30-6-1988 by the order dated 5-6-1988 (Annexure 'B'). The current charge was neither further extended nor the appellant was promoted.
He, however, continued to perform as duties of the post as Statistician from 1-7-1988 to 30-4-1989 without the current charge having been formally extended. He proceeded on L.P.R. From 1-5-1989 to 30-4-1990 whereafter he retired from service. He was paid salary in BS-17 from 1-7-1988 to 30-4- 1990 on the ground that the current charges of the post of Statistician in BS-18 was not extended by the Department.
2. The learned counsel for the appellant contested that since he had performed duties and shouldered responsibility of the post of Statistician in BS-18 during the period from 1-7-1988 to 30- 4-1989 and indeed till his retirement after expiry of his L.P.R., he could not have been denied pay of the post for the period, all the more when he had been doing all that with the tacit consent of the department.
3. The respondents contested the appeal through the written objections filed by them. The learned D.A. Affirmed from the record that the appellant was indeed retired from service as Statistician. His contention, however, was that he was never formally promoted as Statistician and that the inference would be that the department had allowed him to perform functions of the post in his own Pay and Scale i,e, BS-17.
4. Once the department had promoted the appellant on current charge basis in BS-18 and allowed him to perform functions of the post falling in a higher scale, it would not be appropriate to deny him the Pay Scale thereof tillhe proceeded on leave preparatory to retirement. It was held in PLD 1986 SC 349 that scale of the post must be given to such a promotee. Consequently, the appellant shall be entitled to get scale of the post of Statistician in BS-18 right from 1-7-1988 to 30-4-1990.
5. The appeal is allowed in the above terms. The impugned order is set aside. The appellant is held entitled to the Pay Scale (BS-18) till his retirement. Of course, he shall also be entitled to get all pensionary benefits flowing from that Scale.